Time for a new subject

Sanford Levinson SLevinson at MAIL.LAW.UTEXAS.EDU
Sun Nov 3 16:29:03 PST 2002


Glenn Reynolds writes:


>I was going to suggest it fell under art 1 sec.8, cl. 5:  "To. . . fix the
>standard of weights and measures."  But whatever.

Well, yes, but wasn't the point of  NY and Printz to say that it didn't
matter that the Constitution assigned explicit authority to Congress if the
law in question trenched on the state's own sovereignty (with the exception
of Fourteenth Amendment legislation)?  So Congress can "fix . . . measures"
for the "private" sector and pre-empt contrary state law, but does that
mean that the state can't stick to "natural" time in operating its own
institutions?

sandy



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